"Consequences are severe": Trump's lack of ethics pledge delays transition process; Salon, November 9, 2024

Griffin Eckstein , Salon; "Consequences are severe": Trump's lack of ethics pledge delays transition process

"The specific disclosures required of Trump by the October deadline were created in the wake of his first term. A 2019 amendment to the act created the requirement after Trump sparked bipartisan outrage by failing to mitigate conflicts during his presidency. Both President Joe Biden and Harris had filed the required plans by the deadline. Biden is barred from providing Trump with necessary clearances to sit in on certain briefings until Trump has fulfilled these requirements.

Still, Trump is slated to meet in the Oval Office on Wednesday, a routine part of the transition process that Trump did not afford Biden four years ago."

Trump Holds Up Transition Process Over Ethics Code; The New York Times, November 9, 2024

 Ken Bensinger, The New York Times; Trump Holds Up Transition Process Over Ethics Code

[Kip Currier: Incipit (It begins)...]

"President-elect Donald J. Trump has not yet submitted a legally required ethics pledge stating that he will avoid conflicts of interest and other ethical concerns while in office, raising concerns that his refusal to do so will hamper the smooth transition to power.

Mr. Trump’s transition team was required to submit the ethics plan by Oct. 1, according to the Presidential Transition Act.

While the transition team’s leadership has privately drafted an ethics code and a conflict-of-interest statement governing its staff, those documents do not include language, required under the law, that explains how Mr. Trump himself will address conflicts of interest during his presidency.

Since Mr. Trump created his transition team in August, it has refused to participate in the normal handoff process, which typically begins months before the election.

It has missed multiple deadlines for signing required agreements governing the process. That has prevented Mr. Trump’s transition team from participating in national security briefings or gaining access to federal agencies to begin the complicated work of preparing to take control of the government on Jan. 20, 2025."

US Supreme Court's Roberts hears key Democrat's call for enforceable ethics code; Reuters, September 17, 2024

Nate Raymond, Reuters;  US Supreme Court's Roberts hears key Democrat's call for enforceable ethics code

"The Democratic chair of the U.S. Senate Judiciary Committee on Tuesday argued during a closed-door federal judiciary meeting attended by Chief U.S. Supreme Court Justice John Roberts that the high court's recently-adopted ethical code of conduct falls short and needs a means of enforcement, a person familiar with the matter said.

Democratic Senator Dick Durbin of Illinois spoke as one of several lawmakers invited to attend the semi-annual meeting of the U.S. Judicial Conference, the federal judiciary's top policymaking body, which Roberts heads."

One urgent reason the justices need a credible ethics code? Ginni Thomas.; The Washington Post, September 4, 2024

Ruth Marcus, The Washington Post; One urgent reason the justices need a credible ethics code? Ginni Thomas.

"The impropriety here is multilayered — and staggering.

Ginni Thomas is a political activist by vocation, and, as I’ve written before, that’s her prerogative. It’s her constitutional right. And justices’ spouses have every right to pursue separate careers, including in politics and advocacy. “We have our own separate careers and our own ideas and opinions too,” she told the Washington Free Beacon. “Clarence doesn’t discuss his work with me, and I don’t involve him in my work.”

That was in 2022, when reports surfaced about Ginni Thomas’s attendance at the Jan. 6 rally on the Ellipse and her broader involvement in the “Stop the Steal” movement, including pressing state legislators to set aside the election results.

Now Ginni Thomas’s isn’t just lobbying to “Stop the Steal” — she’s trying to Stop the Reform of her husband’s own institution. So much for separate careers. Ginni Thomas’s own behavior around the 2020 election, and Clarence Thomas’s conduct in accepting, and failing to disclose, thousands of dollars’ worth of gifts from wealthy conservatives helped trigger the push for court reform in the first place. Now, we know, Ginni Thomas is a behind-the-scenes player seeking to frustrate any changes — and a grateful (“THANK YOU SO, SO, SO MUCH”) beneficiary of First Liberty’s efforts on the Thomases’ behalf."

Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: “Thank You So, So, So Much”; ProPublica, September 4, 2024

Andy Kroll, ProPublica, and Nick Surgey, Documented , ProPublica; Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: “Thank You So, So, So Much”

[Kip Currier: Res Ipsa Loquitur. Shame on those U.S. Supreme Court Justices (not all) who publicly and behind the scenes are working to oppose an enforceable ethics code; the same kinds of enforceable ethics codes that all federal judges are bound by. 

Ethics has a long history and important role in the preparation of law school students to join the legal profession. Upon their successful graduation from law schools and passage of bar exams for the states and courts where they seek to be licensed and practice law, new lawyers become officers of the court, sworn to uphold the rule of law. The importance of ethics is borne out by the requirement that licensed attorneys complete a specific number of ethics courses each year as part of the Continuing Legal Education (CLE) credit requirements set forth by the states and courts that grant their licenses and ensure that they are in compliance with professional development requisites. Moreover, the Model Rules for Professional Responsibility specify the ethics-centered requirements that govern and guide the conduct of attorneys. Adherence to these kinds of requirements and standards promotes attorney competencies, which in turn protects clients. Additionally, ethics-based standards promote transparency, accountability, integrity, and, perhaps most importantly to support and advance functioning judiciaries, public trust in the inherent fairness of lawyers, judges, and the U.S. legal system.

Why should the nine Justices of the U.S. Supreme Court, all of whom currently have life-time appointments, be held to a different, less stringent standard than all other members of the federal judiciary?

Why, too, should these individuals who have been entrusted to uphold the highest standards of the U.S. judicial and legal systems be held to lesser standards than any of the enforceable ethics code-bound officers of the court who make arguments before them in the august courtroom of the U.S. Supreme Court?

Any of the reasons and rationales that have previously been put forth by Chief Justice John Roberts, Justice Samuel Alito, and Justice Clarence Thomas do not pass muster in the face of the ongoing damage that is being done to public trust in the integrity and impartiality of the U.S. Supreme Court through the appearances of impropriety of many of the Justices.

It is high time for the U.S. Supreme Court to proactively institute an ethics code that is enforceable and that can work to restore public faith in this vital branch of the U.S. government.

We as Americans also owe a debt of gratitude to members of the free and independent presses whose reporting serves as an essential check on our three branches of government, and whose work, at its best, can serve to promote the informed citizenries that are integral to healthy, responsive democracies.] 

[Excerpt from ProPublica]

"Thomas wrote that First Liberty’s opposition to court-reform proposals gave a boost to certain judges. According to Shackelford, Thomas wrote in all caps: “YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.”...

On the same call, Shackelford attacked Justice Elena Kagan as “treasonous” and “disloyal” after she endorsed an enforcement mechanism for the court’s newly adopted ethics code in a recent public appearance. He said that such an ethics code would “destroy the independence of the judiciary.” (This past weekend, Justice Ketanji Brown Jackson said she too was open to an enforceable ethics code for the Supreme Court.)

After the call, First Liberty sent a recording of the 45-minute conversation to some of its supporters. ProPublica and Documented obtained that recording."

Elena Kagan Endorses High Court Ethics Enforcement Mechanism; Bloomberg Law, July 25, 2024

Suzanne Monyak, Lydia Wheeler , Bloomberg Law; Elena Kagan Endorses High Court Ethics Enforcement Mechanism

"Justice Elena Kagan proposed Chief Justice John Roberts appoint a panel of judges to enforce the US Supreme Court’s code of conduct.

While speaking Thursday at a judicial conference in Sacramento, California, Kagan said she trusts Roberts and if he creates “some sort of committee of highly respected judges with a great deal of experience and a reputation for fairness,” that seems like a good solution...

Kagan, in response to a moderator’s question at the US Court of Appeals for the Ninth Circuit’s annual judicial conference, acknowledged there are difficulties in deciding who should enforce an ethics code for the justices.

“But I feel as though we, however hard it is, that we could and should try to figure out some mechanism for doing this,” she said."

After uproar over ethics, new 'Washington Post' editor won't take the job; NPR, June 21, 2024

David Folkenflik , NPR; After uproar over ethics, new 'Washington Post' editor won't take the job

"The ethical records of both men have come under withering scrutiny in recent days.

Lewis worked with Winnett at the Sunday Times in Britain in the early 2000s. After Lewis was named the youngest editor in the Daily Telegraph's history, he hired Winnett there. The two men, both Brits, worked hand-in-glove and won accolades in the U.K. for their scoops.

Yet NPR, the New York Times and the Post have reported on a parade of episodes involving both men in conduct that would be barred under professional ethics codes at major American news outlets, including the Post.

The incidents include paying a six-figure sum to secure a major scoop; planting a junior reporter in a government job to obtain secret and even classified documents; and relying on a private investigator who used subterfuge to secure people's confidential records and documents. The investigator was later arrested."

What Justice Alito said on ethics and recusal in his confirmation hearings; Citizens for Responsibility and Ethics in Washington (CREW), June 17, 2024

Linnaea Honl-Stuenkel and Connor Ganiats , Citizens for Responsibility and Ethics in Washington (CREW); What Justice Alito said on ethics and recusal in his confirmation hearings

"Recusals

Alito faced scrutiny for his initial failure to recuse from a case against the financial company Vanguard while serving on the U.S. Court of Appeals for the Third Circuit, despite holding at least $390,000 in Vanguard funds. Alito maintained that his failure to recuse was a mistake that he later remedied, and that ruling in the case did not actually violate judicial ethics rules. 

Alito repeatedly stressed that he would recuse from cases where the ethics code required him to do so, despite the broad duty for Supreme Court justices to hear cases. When asked about the case by Senator Orrin Hatch, Alito said, “I not only complied with the ethical rules that are binding on Federal judges—and they’re very strict—but also that I did what I have tried to do throughout my career as a judge, and that is to go beyond the letter of the ethics rules and to avoid any situation where there might be an ethical question raised.”

When pressed further by Senator Russ Feingold, Alito said he would not commit to recusing from all Vanguard cases going forward, but, “I will very strictly comply with the ethical obligations that apply to Supreme Court Justices.” 

Later, during a back and forth with Senator Edward Kennedy about his Vanguard mutual fund not being on his recusal list, Alito said: “I am one of those judges that you described who take recusals very, very seriously.” 

Republicans block bill requiring Supreme Court to adopt enforceable ethics code; The Hill, June 12, 2024

ALEXANDER BOLTON  , The Hill; Republicans block bill requiring Supreme Court to adopt enforceable ethics code

"Sen. Lindsey Graham (S.C.), the top-ranking Republican on the Senate Judiciary Committee, and other Republican senators on Wednesday blocked a bill requiring the Supreme Court to adopt a code of conduct and create a mechanism to enforce it in the wake of several high-profile controversies.

The legislation, the Supreme Court Ethics, Recusal and Transparency Act, would require Supreme Court justices to adopt a code of conduct, create a mechanism to investigate alleged violations of the code and other laws and improve the disclosure of potential conflicts of interest."

Display at Alito’s Home Renews Questions of Supreme Court’s Impartiality; The New York Times, May 17, 2024

Jodi Kantor and Abbie VanSickle , The New York Times; Display at Alito’s Home Renews Questions of Supreme Court’s Impartiality

"News of a “Stop the Steal” symbol that flew at the home of Justice Samuel A. Alito Jr. after the 2020 election has elicited concerns from politicians, legal scholars and others about the Supreme Court’s ethical standards — and, most urgent, whether the public will regard its rulings about Jan. 6, 2021, as fairly decided."

Supreme Court Justices Apply New Ethics Code Differently; Newsweek, April 9, 2024

 Khaleda Rahman, Newsweek; Supreme Court Justices Apply New Ethics Code Differently

"Supreme Court justices are divided along political lines over whether or not to explain their recusals, and legal experts are very concerned."

Roberts sidesteps Supreme Court’s ethics controversies in yearly report; The Washington Post, December 31, 2023

 Ann E. Marimow, The Washington Post; Roberts sidesteps Supreme Court’s ethics controversies in yearly report

"Roberts, a history buff, also expounded on the potential for artificial intelligence to both enhance and detract from the work of judges, lawyers and litigants. For those who cannot afford a lawyer, he noted, AI could increase access to justice.

“AI obviously has great potential to dramatically increase access to key information for lawyers and non-lawyers alike. But just as it risks invading privacy interests and dehumanizing the law,” Roberts wrote, “machines cannot fully replace key actors in court.”...

Roberts also did not mention in his 13-page report the court’s adoption for the first time of a formal code of conduct, announced in November, specific to the nine justices and intended to promote “integrity and impartiality.” For years, the justices said they voluntarily complied with the same ethical guidelines that apply to other federal judges and resisted efforts by Congress to impose a policy on the high court...

The policy was praised by some as a positive initial step, but criticized by legal ethics experts for giving the justices too much discretion over recusal decisions and for not including a process for holding the justices accountable if they violate their own rules."

The Supreme Court’s Self-Excusing Ethics Code; The New Yorker, November 21, 2023

Jeannie Suk Gersen , The New Yorker; The Supreme Court’s Self-Excusing Ethics Code

"Last week, the Supreme Court issued a first-ever code of conduct for Justices. It is not a set of rules designed to redress past ethical breaches and prevent future ones but rather a defense brief arguing that there have been no ethical breaches to redress and prevent."

STATEMENT OF THE COURT: REGARDING THE CODE OF CONDUCT; SUPREME COURT OF THE UNITED STATES, November 13, 2023

SUPREME COURT OF THE UNITED STATES; STATEMENT OF THE COURT REGARDING THE CODE OF CONDUCT

"The undersigned Justices are promulgating this Code of Conduct to set out succinctly and gather in one place the ethics rules and principles that guide the conduct of the Members of the Court. For the most part these rules and principles are not new: The Court has long had the equivalent of common law ethics rules, that is, a body of rules derived from a variety of sources, including statutory provisions, the code that applies to other members of the federal judiciary, ethics advisory opinions issued by the Judicial Conference Committee on Codes of Conduct, and historic practice. The absence of a Code, however, has led in recent years to the misunderstanding that the Justices of this Court, unlike all other jurists in this country, regard themselves as unrestricted by any ethics rules. To dispel this misunderstanding, we are issuing this Code, which largely represents a codification of principles that we have long regarded as governing our conduct."

Why the Supreme Court’s wasted time on ethics may cost it; CNN, November 1, 2023

Joan Biskupic, CNN; Why the Supreme Court’s wasted time on ethics may cost it

"Supreme Court justices, who have infinite power over American lives, have continually resisted calls for greater accountability in a formal code of conduct.

Some justices recently signaled that they might be ready to adopt a binding ethics code. But their record of inaction reflects the difficulty of compromise among the nine and suggests any real change may not come at their own hand.

The delay has had consequences.

Senate Judiciary Committee Democrats plan to authorize subpoenas for three wealthy conservatives, including real estate magnate Harlan Crow, who has provided luxury travel and other gifts to Justice Clarence Thomas."

Justice Barrett Calls for Supreme Court to Adopt an Ethics Code; The New York Times, October 16, 2023

Abbie VanSickle, The New York Times; Justice Barrett Calls for Supreme Court to Adopt an Ethics Code

"Justice Amy Coney Barrett said on Monday that she favored an ethics code for the Supreme Court, joining the growing chorus of justices who have publicly backed adopting such rules.

“It would be a good idea for us to do it, particularly so that we can communicate to the public exactly what it is that we are doing in a clearer way,” she said during a wide-ranging conversation at the University of Minnesota Law School with Robert Stein, a longtime law professor and the former chief operating officer of the American Bar Association."

Justice Kagan Calls for the Supreme Court to Adopt an Ethics Code; The New York Times, September 22, 2023

Adam Liptak, The New York Times;  Justice Kagan Calls for the Supreme Court to Adopt an Ethics Code

"Justice Elena Kagan said on Friday that the Supreme Court should adopt a code of ethics, saying that “it would be a good thing for the court to do that.”

Her comment, part of a wide-ranging live-streamed public interview at Notre Dame Law School, came on the day ProPublica reported that Justice Clarence Thomas had twice attended an annual event for donors organized by the conservative political network established by the billionaire industrialists Charles and David Koch.

Justice Kagan did not discuss the report, but she said that an ethics code “would, I think, go far in persuading other people that we were adhering to the highest standards of conduct.” She added that “I hope we can make progress.”"

Clarence Thomas Secretly Participated in Koch Network Donor Events; ProPublica, September 22, 2023

 Joshua Kaplan, Justin Elliott  Alex Mierjeski, ProPublica ; Clarence Thomas Secretly Participated in Koch Network Donor Events

"The code of conduct for the federal judiciary lays out rules designed to preserve judges’ impartiality and independence, which it calls “indispensable to justice in our society.” The code specifically prohibits both political activity and participation in fundraising. Judges are advised, for instance, not to “associate themselves” with any group “publicly identified with controversial legal, social, or political positions.”

But the code of conduct only applies to the lower courts. At the Supreme Court, justices decide what’s appropriate for themselves.

“I can’t imagine — it takes my breath away, frankly — that he would go to a Koch network event for donors,” said John E. Jones III, a retired federal judge appointed by President George W. Bush. Jones said that if he had gone to a Koch summit as a district court judge, “I’d have gotten a letter that would’ve commenced a disciplinary proceeding.”

“What you’re seeing is a slow creep toward unethical behavior. Do it if you can get away with it,” Jones said."

Justice Kavanaugh says ethics changes may be coming to Supreme Court; The Washington Post, September 7, 2023

Robert Barnes, The Washington Post ; Justice Kavanaugh says ethics changes may be coming to Supreme Court

"Justice Brett M. Kavanaugh said Thursday that he is “hopeful” the Supreme Court soon will take specific steps to deal with ethics issues at the court and boost public confidence in the institution.

Kavanaugh made the comments while speaking at a conference of judges and lawyers, after he was asked by Judge Stephanie Dawkins Davis of the U.S. Court of Appeals for the 6th Circuit about “perceived ethics issues” at the high court."

As Clarence Thomas faces record unpopularity, Americans want an ethics code for the Supreme Court; CNN, September 3, 2023

 Harry Enten, CNN; As Clarence Thomas faces record unpopularity, Americans want an ethics code for the Supreme Court

"But there is no significant partisan gap when it comes to whether there should be a formal ethics code for the high court justices.

A UMass Amherst poll conducted a few months ago (after Thomas’ trips financed by Crow first came to light) asked whether the Supreme Court should have a formal code of ethics like other federal courts.

About 90% of Americans said it should. Only about 10% said it should not...

In fact, north of 80% of every subgroup polled in the UMass survey said that the Supreme Court should have a formal ethics code. This includes 96% of Democrats and 84% of Republicans."